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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Building (Single Dwellings) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New section 188A inserted 2
188A. Decision guidelines on design and siting of single
dwellings 2
4. Rights of appeal 3
5. General regulation-making powers 4
6. Additional regulation-making powers 4
7. Procedures for building permits 5
8. Failure to report not to be deemed to be consent 6
ENDNOTES 7
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541198B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Building Act 1993 in relation to the siting and design of
single dwellings and for other purposes.
Building (Single Dwellings) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Building Act 1993 in relation to the siting and
design of dwellings.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Building (Single Dwellings) Act 2001
s. 3
Act No.
3. New section 188A inserted
See:
After section 188 of the Building Act 1993 Act No.
insert-- 126/1993.
Reprint No. 3
'188A. Decision guidelines on design and siting of as at
1 January
5 single dwellings 1999 and
amending
(1) The Minister may from time to time issue Act Nos
guidelines relating to the design and siting of 99/1997,
18/1998,
single dwellings. 75/1998
(as amended
(2) Without limiting sub-section (1), these by Act No.
10 matters may include-- 74/2000),
91/1998,
17/1999,
(a) matters relating to the consideration of
28/2000,
neighbourhood character and amenity 35/2000,
85/2000 and
and the acceptability of the design and
91/2000.
siting of the proposed dwelling in the LawToday:
15 neighbourhood; www.dms.
dpc.vic.
gov.au
(b) matters relating to the availability of
light to, and the overshadowing of,
nearby buildings and allotments;
(c) matters relating to privacy and
20 overlooking, in relation to nearby
buildings and allotments;
(d) matters relating to the height of a
building, and the distances from
buildings to the boundaries of an
25 allotment or to nearby buildings;
(e) matters relating to how much of an
allotment may be used for buildings,
how much of an allotment may be
covered by impermeable surfaces and
30 the provision of open spaces on an
allotment;
(f) matters relating to the preservation of
trees, and of architectural or heritage
features;
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Building (Single Dwellings) Act 2001
s. 4
Act No.
(g) matters relating to the provision of car
parking in relation to an allotment;
(h) matters relating to the use of
impermeable surface materials on an
5 allotment and their effect on drainage
and runoff;
(i) matters relating to the energy efficiency
of buildings;
(j) matters relating to fences and boundary
10 walls on an allotment.
(3) The guidelines must be published in the
Government Gazette.
(4) In this section "single dwelling" means a
building, or buildings, of a class specified by
15 the regulations for the purposes of this
section that is, or are, intended to be used as
a dwelling.'.
Note: Clause 4A of Schedule 2 requires the reporting
authority, if required by the regulations, to give effect to the
20 guidelines made under this section in considering an
application for a building permit for a single dwelling that it
is required to report on, or to consent to.
4. Rights of appeal
After section 149(3) of the Building Act 1993
25 insert--
"(3A) For the purposes of this Part, if an appeal is
made to the Building Appeals Board against
the refusal of a building permit or the
imposition of a condition on a building
30 permit, the decision under appeal is to be
taken to include the decision or report of the
relevant reporting authority if--
(a) the building permit was refused
because the reporting authority refused
35 consent or the condition was imposed
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Building (Single Dwellings) Act 2001
s. 5
Act No.
as a result of a recommendation in a
report of the reporting authority; and
(b) the refusal of consent, or the making of
the recommendation, was based on a
5 decision made by the reporting
authority in relation to the guidelines
made under section 188A.".
5. General regulation-making powers
After section 261(a) of the Building Act 1993
10 insert--
"(aa) the matters which a reporting authority is
required or permitted to take into account in
reporting on, or considering whether to
consent to, an application for a building
15 permit;
(ab) applying section 188A to specified classes of
applications for building permits;".
6. Additional regulation-making powers
In item 1 of Part 1 of Schedule 1 to the Building
20 Act 1993, after "buildings" insert--
"including--
(a) matters relating to the availability of light to, and the
overshadowing of, nearby buildings and allotments;
(b) matters relating to privacy and overlooking, in
25 relation to nearby buildings and allotments;
(c) matters relating to the height of a building, and the
distances from buildings to the boundaries of an
allotment or to nearby buildings;
(d) matters relating to how much of an allotment may be
30 used for buildings, how much of an allotment may be
covered by impermeable surfaces and the provision of
open spaces on an allotment;
(e) matters relating to the preservation of trees, and of
architectural or heritage features;
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Building (Single Dwellings) Act 2001
s. 7
Act No.
(f) matters relating to the provision of car parking in
relation to an allotment;
(g) matters relating to the use of impermeable surface
materials on an allotment and their effect on drainage
5 and runoff;
(h) matters relating to the amenity of nearby buildings
and allotments;
(i) matters relating to the energy efficiency of buildings;
(j) matters relating to associated fences and boundary
10 walls.".
7. Procedures for building permits
In Schedule 2 to the Building Act 1993, after
clause 4 insert--
"4A. Reporting authority must have regard to section 188A
15 guidelines in some cases
(1) This clause applies if--
(a) a reporting authority is required by this or any
other Act or by the regulations to report on, or
to consent to, an application for a building
20 permit for a single dwelling, within the
meaning of section 188A(4); and
(b) the regulations provide that section 188A
applies to applications of that kind.
(2) In reporting on, or considering whether to consent to,
25 the application, the reporting authority--
(a) must have regard to the guidelines for the time
being in force under section 188A; and
(b) in having regard to those guidelines, if in the
opinion of the reporting authority the
30 application may result in a nearby allotment
suffering detriment, must give the owner of the
allotment an opportunity to make a submission
in respect of the possible detriment; and
(c) must consider any submission made under
35 paragraph (b); and
(d) must refuse to give its consent to the
application if the application does not comply
with any matter set out in those guidelines.".
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Building (Single Dwellings) Act 2001
s. 8
Act No.
8. Failure to report not to be deemed to be consent
In Schedule 2 to the Building Act 1993, after
clause 6(5) insert--
"(6) A reference in this clause to a council, with respect to
5 an application, is to be read as including a reference
to any reporting authority that has to comply with
clause 4A(2) in reporting on, or considering whether
to consent to, the application.".
10
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Building (Single Dwellings) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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